N.Y. Comp. Codes R. & Regs. Tit. 7 § 57.5 - Peace officers' special duties
(a)
Peace officers employed by the department shall be deemed to be acting pursuant
to their special duties for the purposes of section 2.20(9) of the CPL, when in
the course of their specifically assigned duties as employees of the Department
of Correctional Services they are acting to maintain the custody, control and
supervision of an inmate or in apprehending an inmate of the
department.
(b) Employees having
peace-officer status shall be provided firearms from the department's arsenals
when necessary to carry out their special duties as defined in subdivision (a)
of this section. No employee of the department shall be deemed to be acting
pursuant to his special duties while in possession of a privately owned or
possessed firearm, except where such employee is acting to apprehend an inmate
of whom he has personal knowledge who has escaped or is in the process of
escaping.
(c) Employees covered by
this Part are not expected nor required by any rule or regulation of the
Department of Correctional Services or by any law of the State of New York to
act as police officer, as defined in the CPL, during their off-duty hours.
Peace officers employed by this agency, while off duty, shall continue to
possess the status and powers of peace officers provided by law, subject to the
provisions of this Part.
Notes
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